07-2-2522 Llanfair House Nursing Home v. Estate of Litchult , App. Div. (per curiam) (11 pp.) In this action to recover the costs of nursing home care rendered to the deceased, where plaintiffs consented to three extensions of the time to file an answer and signed a consent to vacate default judgment that was entered but defendant still did not file an answer, and more than six months passed before defendant filed a motion to set aside the default judgment, the trial court’s denial of the motion is affirmed as defendant has shown no grounds for relief under R. 4:50-1(a), (c) or (f). [Decided Dec. 22, 2008.]
CIVIL PROCEDURE — RES JUDICATA — COLLATERAL ESTOPPEL
07-02-2523 McPeek v. Deputy Attorney General of the State of New Jersey et al. , App. Div. (per curiam) (18 pp.) Plaintiff’s horse trainer’s license was suspended after a race in which one of his horses was injured and euthanized. Although the suspension never was effective due to a stay pending the successful administrative appeal, plaintiff sued the defendant-state entities and officials in federal district court for violation of his federal and state civil rights. After those claims were dismissed with prejudice, plaintiff filed this complaint in state court. Finding plaintiff’s state-law claims barred under principles of res judicata and collateral estoppel, the appellate panel dismissed. [Decided Dec. 22, 2008.]
